[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2619 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2619
To reaffirm and clarify the Federal relationship of the Gabrieleno/
Tongva Nation as a distinct federally recognized Indian tribe and to
restore aboriginal rights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 24, 2001
Ms. Solis introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To reaffirm and clarify the Federal relationship of the Gabrieleno/
Tongva Nation as a distinct federally recognized Indian tribe and to
restore aboriginal rights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gabrieleno/Tongva Nation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States Government has had continuous
dealings with the Gabrieleno/Tongva Nation from 1771 until at
least 1961. The Gabrieleno/Tongva Nation is the descendant of,
and political successor to, the signatories of the June 10,
1851, Fort Tejon Treaty.
(2) The Gabrieleno/Tongva Nation traditionally occupied the
entire Los Angeles Basin and the islands of Santa Catalina, San
Nicholas, and San Clemente, from Topanga Canyon to Laguna
Beach, from the San Gabriel Mountains to the sea, in most of
what is now Los Angeles and Orange Counties.
(3) Several Federal officials have in the past recognized
the Nation. In 1851 and 1852, the United States Government sent
Commissioner Barbour to treat with the Indians of Los Angeles,
but he was called away. Also in 1852, Superintendent of Indian
Affairs E.F. Beale noted a numerous Indian population within
Los Angeles County. In 1855, Superintendent of Indian Affairs
Henley noted that the Indians in and around Los Angeles should
be moved to a reservation. Records show that a small number of
the Nation lived at the Sebastian Reserve at the Tejon Pass,
part of Los Angeles County. In the 1870s former Mission Indian
Agent J.Q. Stanley noted the grievances of the Indians living
at Mission San Gabriel.
(4) Scholars and academics have also noted the existence of
the Nation. Helen Hunt Jackson, in the mid-1880s noted that the
Gabrieleno/Tongva were continuing to live in the San Gabriel
area where many worked as day laborers. At the turn of the
century, C. Hart Merriam and J.P. Harrington indicated that
there were some groups of the Nation living at the Tejon
Reservation, and further noted that one of the tribes
represented at the reservation was the ``Tongva of San
Gabriel''.
(5) In the early 1900s, the Federal Government allowed
Nation members, most of whom were of one-half Indian blood, to
register at the Sherman Indian School in Riverside, California.
(6) The United States purchased land for the Nation in 1913
according to the Kelsey Map of Indians of California, which
indicates a symbol corresponding to ``lands recently
purchased'' at the site of San Gabriel.
(7) By 1928, many Nation members were still living in their
traditional area of San Gabriel and identifying themselves as
tribal members, as evidenced by the California Indians'
Jurisdictional Act. This Act authorized the Secretary to create
a roll of California Indians for payment purposes. There are at
least 150 Gabrieleno/Tongvas on this roll, approximately fifty
with one-half degree Indian blood or more, and 128 of at least
one-quarter Indian blood.
(8) The Nation's membership has historically included and
presently includes a verifiable half-blood community, which is
eligible for organization under section 19 of the Act of June
18, 1934 (25 U.S.C. 479, commonly referred to as the Indian
Reorganization Act), but the Bureau of Indian Affairs ignored
the half-blood community and led the Nation to believe that it
could not organize as a half-blood community.
(9) The Nation has been politically active at the national
level via the Mission Indian Federation, which lobbied the
Congress for various Indian causes from the 1920s to the 1950s.
The Nation was also a plaintiff in an Indian Claims Commission
case in 1949. Forty-six bands filed suit, including the Tongva.
The Bureau of Indian Affairs approved contracts for each band
and included the Nation in all negotiations. After twelve
years, all 46 bands were required to vote on a settlement, and
the registers of voters indicated that the Nation members who
voted at these meetings were, or are, relatives of presentday
tribal members.
(10) The State of California recognized the Gabrieleno/
Tongva in 1994, stating, ``The State of California...takes
pride in recognizing the Indian inhabitants of the Los Angeles
Basin and the continued existence of the Indian community
within our State''. (``Certificate of Recognition'', signed by
California Assembly member Diane Martinez, 1994). Furthermore,
the city of San Gabriel recognizes the Gabrieleno/Tongva
Nation.
(11) The Nation has maintained its distinct community on
its ancestral lands in San Gabriel and has maintained its
unique culture and identity and maintains governance through a
viable tribal government and a constitution and bylaws.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Member.--The term ``member'' means those individuals
enrolled in the Nation pursuant to section 6.
(2) Nation.--The term ``Nation'' means the Gabrieleno/
Tongva Nation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FEDERAL RECOGNITION.
(a) Federal Recognition.--Federal recognition of the Gabrieleno/
Tongva Nation is hereby affirmed. All laws and regulations of the
United States of general application to Indians or nations, tribes, or
bands of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et
seq.), which are inconsistent with any specific provision of this Act
shall not be applicable to the Nation and its members. Such laws and
regulations which are not inconsistent with any specific provision of
this Act shall be applicable to the Nation and its members.
(b) Federal Services and Benefits.--
(1) In general.--The Nation and its members shall be
eligible for all services and benefits provided by the Federal
Government to Indians because of their status as federally
recognized Indians, and notwithstanding any other provision of
law, such services and benefits shall be provided after the
date of the enactment of this Act to the Nation and its members
without regard to the existence of a reservation for the Nation
or the location of the residence of any member on or near any
Indian reservation.
(2) Service areas.--For purposes of the delivery of Federal
services to the enrolled members of the Nation, the service
area shall consist of Los Angeles County and portions of
Ventura and Orange Counties. Such services shall be provided
notwithstanding the establishment of a reservation for the
Nation after the date of enactment of this Act. Services may be
provided to members outside the named service areas unless
prohibited by law or regulation.
SEC. 5. REAFFIRMATION OF RIGHTS.
(a) In General.--All rights and privileges of the Nation and its
members, which may have been abrogated or diminished before the date of
the enactment of this Act, are hereby reaffirmed and restored.
(b) Existing Rights of Nation.--Nothing in this Act shall be
construed to diminish any right or privilege of the Nation or of its
members that existed before the date of the enactment of this Act.
Except as otherwise specifically provided in any other provision of
this Act, nothing in this Act shall be construed as altering or
affecting any legal or equitable claim the Nation may have to enforce
any right or privilege reserved by or granted to the Nation which was
wrongfully denied or taken from the Nation before the date of the
enactment of this Act.
SEC. 6. TRIBAL MEMBERSHIP.
Not later than 18 months after the date of the enactment of this
Act, the Nation shall submit to the Secretary a membership roll
consisting of all individuals currently enrolled for membership in the
Nation. The qualifications for inclusion on the membership roll of the
Nation shall be determined by the membership clauses in the Nation's
governing document. Upon completion of the roll, the Secretary shall
immediately publish notice of such in the Federal Register. The Nation
shall ensure that such roll is maintained and kept current.
SEC. 7. TRIBAL LANDS.
The Nation's tribal lands shall consist of all real property, now
or hereafter held by, or in trust for, the Nation. The Secretary shall
acquire real property for the Nation. Any such property shall be taken
by the Secretary in the name of the United States in trust for the
benefit of the Nation and shall become part of the Nation's
reservation.
SEC. 8. CONSTITUTION AND GOVERNING BODY.
(a) Constitution.--
(1) Adoption.--Not later than 24 months after the date of
the enactment of this Act, the Secretary shall conduct, by
secret ballot, elections for the purpose of adopting a new
constitution for the Nation. The elections shall be held in
accordance with the procedures applicable to elections under
section 16 of the Act of June 18, 1934 (25 U.S.C. 476).
(2) Interim governing documents.--Until such time as a new
constitution is adopted under paragraph (1), the governing
documents in effect on the date of the enactment of this Act
shall be the interim governing documents for the Nation.
(b) Officials.--
(1) Elections.--Not later than 6 months after the Nation
adopts their constitution pursuant to subsection (a), the
Nation shall conduct elections by secret ballot for the purpose
of electing officials for the Nation as provided in the
Nation's governing constitution. The elections shall be
conducted according to the procedures described in the Nation's
constitution.
(2) Interim governments.--Until such time as the Nation
elects new officials pursuant to paragraph (1), the Nation's
governing bodies shall be those bodies in place on the date of
the enactment of this Act, or any new governing bodies selected
under the election procedures specified in the respective
interim governing documents of the Nation.
SEC. 9. JURISDICTION.
The Nation shall have jurisdiction to the full extent allowed by
law over all lands taken into trust for the benefit of the Nation by
the Secretary. The Nation shall exercise jurisdiction over all its
members who reside within the service area in matters pursuant to the
Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.), as if the
members were residing upon a reservation, as defined in that Act.
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